October 20, 2026 • Articles, News

AI Legal Issues for Hawaii Employers: AI HR Management Tools and Potential for Bias

AI Legal Issues for Hawaii Employers: AI HR Management Tools and Potential for Bias Artificial intelligence (AI) tools in HR management are more and more frequently used to automate such processes as:

• Hiring/selection: resume sorting/selection tools; hiring software; applicant data analysis
• Skills training: web-based training; performance-data based training recommendations
• Promotion and termination metrics: performance logging; employee management
• Employee monitoring: via wearable or portable devices; computers; GPS tracking

Employers using agentic tools should closely monitor their systems for indications of bias; note that Hawaii recognizes a wide variety of protected classes. While certain federal technical guidance on AI use and its potentially discriminatory actions has been archived or removed from the U.S. Department of Justice and Equal Employment Opportunity Commission sites, the federal website for the Americans with Disabilities Act, ADA.gov, still includes a page on “Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring” including a downloadable pdf. Potential for bias lies with algorithms and AI that may:

• Fail to provide reasonable accommodations for applicant in use of a particular tool
• Unintentionally screen out viable disabled candidates
• Utilize prohibited disability-related inquiries and medical exams
• Expose employer liability for decisions of contracted third-parties utilizing AI tools

Employers using or considering AI tools in employment decisions should check with an attorney to evaluate their specific legal risks.

For more on AI legal issues for Hawaii employers, you can also watch the Hawaii episode of the ELA’s APAC Vlog Series here.